Your State Farm Injury Lawsuit Questions Answered
If you were involved in an accident caused by a driver with State Farm insurance, figuring out who to sue, how to negotiate for compensation from State Farm, and the steps for a lawsuit can be difficult.
There are several choices for pursuing compensation if you have been injured because another party was negligent. With each of these choices, having an attorney makes the process easier and offers you the highest chance of getting the settlement you deserve.
Here are answers to some of the frequent questions we see about State Farm Insurance and personal injury lawsuits:
As of December 2022, the CEO of State Farm is Michael L. Tipsord. He started working for Start Farm in 1988, during which time he was appointed vice chairman and CFO before becoming CEO in 2011.
The headquarters for State Farm Insurance is located in Bloomington, Illinois.
According to a JD Power survey, State Farm has one of the highest scores for overall customer service. They have a score of 892 out of 1000, with the average for the industry at 880.
If you’re a driver insured by State Farm, or you were involved in an accident with someone insured by State Farm, you can submit your claim:
If you are involved in an accident where the other party has State Farm, you should go through your insurance provider first, and your insurance agent should be the one to reach out to State Farm on your behalf.
When you file through the website, you can file as a third party, a client, or even an insurance agent for a third party. The website layout is fairly easy to follow and has a quick set of menu options. However, it can still be challenging to escalate your claim or submit a claim that doesn’t follow the predetermined list of items.
If you feel that State Farm is stonewalling you or that your insurance isn’t standing up for you, that can be where legal options come into play.
State Farm gives many options for submitting and tracking an insurance claim, but they don’t have internal instructions on challenging your insurance payout. At best, you could attempt an escalation with the representative handling your case or consider alternative legal options.
Yes, you can pursue a personal injury lawsuit against State Farm under certain circumstances. If, for example, you were injured in a car accident and the party at fault has State Farm, or you were injured on somebody’s personal property, and they have State Farm as the property insurance provider, you can sue State Farm for compensation for any injuries you may have sustained.
If you suffer a personal injury, you can sue the person responsible for compensation. But do you sue State Farm or the driver?
Sometimes it can be difficult to figure out who you have to sue because parties overlap. If, for example, you are in a car accident, normally you would start by suing the at-fault driver first, but if the driver was using a company vehicle and conducting company business, you would sue the business owner of the business vehicle or their insurance provider.
If you don’t like how State Farm has handled your injury claim, you have a few next steps.
Currently, there is a class action lawsuit against State Farm for race discrimination. In 2022 a case was filed against State Farm for discrimination against black customers.
There may be other State Farm class action lawsuits as well.
If you are eligible for a class action lawsuit, the court will typically direct an attorney to notify you through the mail with instructions on how to participate.
To pursue a personal injury lawsuit against State Farm:
This depends entirely on your situation. In a State Farm lawsuit, you can claim damages for things like:
However, you can only ask for compensation for the things relevant to your situation. If you are paralyzed in an accident, and that paralysis leads to a divorce, disfigurement, and an inability to work, you could claim all of the categories above. By comparison, if you received minor lacerations and a broken arm in an accident, you will probably be limited to compensation claims for medical bills and loss of income.
An attorney can help you determine how much you may be able to seek in damages.
In any personal injury claim, you can request two types of compensation:
Compensatory is what a judge awards to cover the direct costs associated with your injury. This can include loss of income, medical bills, and repairs to any property damage like a vehicle. The judge wants to ensure that you’re in the same financial position you would have been in had the accident never taken place.
In certain circumstances, you might be able to request, or a judge might award punitive damages. Punitive damages are intended as a punishment for the other party, something to dissuade them from making the same mistake again.
Each state has limits on how much you can get in compensation. According to the US Bureau of Justice Statistics, the average winnings for tort cases—which include personal injury claims—in 2005 was $31,000, but for car accidents, it was $16,000.
Insurance companies like State Farm typically calculate a settlement offer based on a variety of factors.
Firstly, State Farm will look at your actual costs. This means things you can prove, like medical bills and receipts for repairs, as well as the value of a total vehicle and any lost income.
Secondly, State Farm will review your injuries. Compensation for injuries is typically between one and five times the total cost of your medical bills. This is, in part, why it’s so important that you get a medical exam as soon as you receive an injury. In order to qualify for this type of compensation in Your settlement, you have to prove that your injuries were a direct result of the accident, that the accident was a direct result of negligence, and that you did everything within your power to get an examination and any necessary treatment.
If you think State Farm is offering an unfair settlement for your injuries, it may be time to bring in an attorney.
Insurance companies like State Farm typically determine pain and suffering based on the injuries you sustained. They will rely heavily on the evidence you provided, including receipts and medical bills, as well as evidence for the severity of your injuries. All of this information is used to determine how your injuries have impacted your daily life and how that impact has caused pain and suffering.
You should contact an attorney after you get official medical care because they can help you make this qualification and submit the necessary evidence when you give State Farm your demand letter.
For example, if you received soft tissue damage in your back and a few fractures in your hand, an attorney can prove that these relatively minor injuries have significantly impacted your daily life. An attorney might explain in the demand letter they send to State Farm that you are a concert pianist, so the minor back pain makes it impossible for you to sit upright at a piano, and the fractures to your fingers mean you can’t perform. Perhaps your inability to perform for the remainder of the current season means you no longer have income or a position with an orchestra. And that loss of income and position could interfere with your mental health, long-term career goals, social circle, and much more.
Sometimes it may feel like State Farm is ignoring the harm you’ve suffered or the emotional impact they’ve had. An attorney may be able to help you seek more than what State Farm has offered.
State Farm states that they try to approve claims within a month, but it can often take much longer than that, depending on the complexity of the case. One of the biggest factors in how long it takes State Farm to settle is how cooperative they are, how much evidence you provide them, and whether they offer a legitimate settlement.
A good lawyer who has settled cases against State Farm in the past may be able to give you a helpful estimate.
This looks a little different for everyone. When you are first injured, you start the process of getting compensation for your injuries by sending State Farm a demand letter. This is something an attorney can do for you.
The demand letter explains exactly what happened, how you were injured, how that injury was the result of someone else’s negligence, why State Farm is responsible, and what you want in compensation. If you are a concert pianist, you might include information about how minor injuries have impacted your career, like in the example above.
The demand letter should have the necessary documentation or evidence to substantiate your claims. The more information you can give State Farm at the start of your claim, the last time you will spend going back and forth. If you send a demand letter and forget to include evidence like medical bills, your case could last much longer as someone from State Farm would respond with an official request for medical bills, and then you would have to send medical bills again, and they would send you a correspondence letting you know they receive the medical bills and will follow up later, and so on.
Attorneys can handle all of this communication on your behalf. Attorneys can also give you legal recommendations if State Farm responds with a lower amount than you requested or if they respond that they aren’t going to give any compensation. If State Farm refuses to give compensation, your next step is to take your case to court.
The best way to maximize your insurance settlement with State Farm is to have sufficient evidence to back up your claim. You need to be able to prove that the other party for whom State Farm provides insurance was negligent and their negligence directly caused your injuries. You also need to have evidence to support your claims for the injuries, like medical bills, or for loss of income, like pay stubs.
Generally, having a lawyer will often result in a stronger and more successful case with maximized settlements.
How long a State Farm lawsuit lasts depends on many factors:
On average personal injury claims can take between six months and two years. According to a study by the National Center for State Courts, personal injury cases last an average of 16 months.
It’s not a legal requirement for you to have an attorney, but having one will often result in a stronger and more successful case. Attorneys know what evidence you need for a successful case, the deadlines for your state, who to sue in the event multiple parties overlap, and more.
In a State Farm injury lawsuit, a lawyer does many things. Firstly, they evaluate your situation and provide honest feedback as to whether you have grounds for a case. If you were involved in an accident and broken arm, that doesn’t necessarily mean you can sue State Farm. If you were involved in an accident because the other driver was speeding through a red light, the other driver is considered negligent. That negligence means you can sue State Farm.
Attorneys can also help you gather evidence for your claim. While you focus on recovering from your injuries and getting repairs to things like your vehicle, an attorney can handle all correspondence between yourself and the other parties, gather incident reports from police, follow up for witness statements, photograph the scene of the accident, and more.
Your attorney will prepare for court if an agreement cannot be reached during this time. They will conduct discovery, depose other people and ask as many questions as they can, gather expert interviews for trial, and represent you when the trial date arrives.
Most personal injury attorneys work with a contingency agreement, meaning they get a percentage of the settlement from your State Farm injury lawsuit. They usually won’t charge upfront but will take between 30% and 40% of your final payout.
So if a lawyer helps you get that much more—or reach a State Farm settlement when you otherwise wouldn’t have—then hiring them can be a good investment.
Start by getting referrals if you are ready to find a good lawyer for a State Farm injury lawsuit. These referrals can come from friends or family who have previously dealt with personal injury cases. They can also come from reputable businesses you trust who have positive relationships with personal injury attorneys.
Personal injury lawyers typically offer a free consultation, a 30-minute interview where you both figure out if it’s a good fit and whether you have grounds for a case. Use this opportunity to ask as many questions as you can about fee structure, qualifications, and experience. The attorney you work with will be a prominent figure for months, if not years, so it’s important that you trust them and get along with them. Don’t be afraid to ask about how communicative their office is, what it takes for you to speak with the attorney, and what they will do to keep you in the loop.
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